Back / lumbar spine decisions — 2008

The Board has remanded the case for additional development, including obtaining treatment records and scheduling examinations to assess the veteran's service-connected disabilities. The claims for increased evaluations, special monthly compensation based on aid and attendance need, and secondary service connection will be held in abeyance pending completion of these actions.

The claim for service connection of a low back disability is reopened. The claim for secondary service connection of residuals of fractures of the right ankle and right fibula is denied.

The veteran's low back pain, diagnosed as degenerative joint disease of the lumbar spine, was found to not meet criteria for an evaluation in excess of 10 percent prior to September 26, 2003. From that date, his disability warranted a 40 percent rating.

The Board has granted a 40 percent rating for the veteran's low back disability, effective from April 17, 2003. The right knee disability is rated at 20 percent since that date.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of ankylosis or incapacitating episodes that would warrant higher ratings. The initial disability rating assigned by the RO was upheld.

The Board found that the veteran's service-connected low back disability did not meet or approximate criteria for a rating in excess of 20 percent at any point during the appeal period.

The Board has ordered a remand due to the need for additional medical examination and treatment records, as well as further development of the case.

The Board found that the veteran's acquired psychiatric disorder, including schizophrenia and obsessive-compulsive disorder, was not incurred or aggravated in service. The lower back condition claim is remanded for further development.

The Board has determined that the veteran's claims for service connection for back and neck disabilities have been denied as there is insufficient evidence to support these claims.

The Board denied the veteran's claims for increased disability ratings for his service-connected cervical spine, allergic rhinitis, and chondromalacia patella of the right knee. The veteran was not granted any additional benefits.

The Board granted a rating of 40 percent for the veteran's low back disability from November 1, 1995 onwards. Prior to that date, the claim was denied as not meeting the criteria for an increased rating.

The veteran's claim for a higher initial evaluation of her low back disability is being remanded due to the need to obtain VA medical records from September 2001 to present, specifically from the 'Delta' VA clinic.

The Board has reopened the veteran's claim for service connection for arthritis and lumbosacral spine, but denied both claims as there is no evidence of a back injury in service or any link to service.

The veteran's claims for increased ratings on conjunctivitis, acneform dermatitis, ethmoid sinusitis, and mechanical low back pain are being remanded due to the need for additional medical records and examinations.

The veteran's claims for service connection for PTSD, bilateral hearing loss, degenerative disc disease of the lumbar spine, arthritis of the bilateral knees, residuals of asbestos exposure, and tinea pedis were all denied. The Board found no direct evidence linking these conditions to service or any presumptive exposure basis.

The veteran's appeal is being remanded due to the claims folder missing all evidence concerning the de-accreditation of Richard A. LaPointe, still listed as the claimant's representative. The RO must notify the veteran and provide a period of thirty days to select alternative representation or represent himself. Additional development may be required for the issues of increased rating for traumatic arthritis with degenerative disc disease, L4-5 and L5-S1, with limitation of motion of the lumbar spine; entitlement to an effective date prior to February 5, 2003, for a grant of service connection for incomplete paralysis of the left lower extremity; and what evaluation is warranted for incomplete paralysis of the left lower extremity from February 5, 2003.

The Board has reopened the previously denied claim for service connection for degenerative disc process of the lower back, to include arthritis and DDD. The lung disorder claim is also addressed. The veteran's overall back disability is found to be part and parcel of his service-connected condition. Service connection for a lung disorder is not granted.

The Board has determined that the veteran's low back disorder was not incurred in or aggravated by active duty service and denied his claim for service connection.

The Board denied the veteran's claims for service connection for a back disability and left foot drop, finding no evidence of pre-service or in-service injury or disease that would support direct service connection. The Board also found no evidence to support secondary service connection for left foot drop as it was not related to any service-connected condition. The claim for an increased evaluation for right hand fracture with degenerative arthritis was denied.

The Board denied the reopening of the claim for service connection for a low back disorder, finding that no new and material evidence had been submitted.